Angell v. UNION FIRE DIST. OF S. KINGSTOWN

935 A.2d 943, 2007 R.I. LEXIS 120, 2007 WL 4259528
CourtSupreme Court of Rhode Island
DecidedDecember 6, 2007
Docket2006-313-Appeal
StatusPublished
Cited by9 cases

This text of 935 A.2d 943 (Angell v. UNION FIRE DIST. OF S. KINGSTOWN) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Angell v. UNION FIRE DIST. OF S. KINGSTOWN, 935 A.2d 943, 2007 R.I. LEXIS 120, 2007 WL 4259528 (R.I. 2007).

Opinion

OPINION

Chief Justice WILLIAMS,

for the Court.

In this negligence action, the plaintiff, Dennis Angelí (plaintiff), appeals an order granting a motion for summary judgment filed by the defendants, The Union Fire District of South Kingstown (Fire District) and Peter Holland (collectively defendants). This case came before the Supreme Court for oral argument on October 30, 2007, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that this appeal may be decided at this time, without further briefing or argument. For the reasons set forth below, we reverse the judgment of the Superior Court.

I

Facts and Travel

The plaintiff was a volunteer member of the Fire District at the time of the incident that is the subject of this negligence action. During a training exercise on May 30, 2001, a representative of the Fire District instructed plaintiff to dump gasoline from a foam cup near a fire. The resulting fire burned plaintiffs hand and wrist. The plaintiff required emergency medical care and continuing physical therapy for the injuries he suffered at the time of the accident. After the training incident, plaintiff filed a claim under an insurance policy provided by the Fire District through Bankers Life and Casualty Company.

A little less than three years after the accident, plaintiff filed the instant suit in Superior Court, alleging that defendants negligently supervised the training exer- *945 rise, thereby causing plaintiffs injuries. The parties commenced discovery and prepared for trial in the Superior Court, but before the trial started, defendants moved for summary judgment pursuant to Rule 56 of the Superior Court Rules of Civil Procedure.

The defendants argued that G.L.1956 § 45-19-1, known as the “injured on duty statute” (IOD), was plaintiffs exclusive remedy against the Fire District for injuries suffered while training as a volunteer firefighter. In response, plaintiff argued that the IOD statute applies only to paid employees of the Fire District and not volunteer firefighters. The motion justice heard arguments on defendants’ summary-judgment motion on June 19, 2006, and subsequently entered an order granting defendants’ motion. The plaintiff timely appealed.

II

Analysis

On appeal, plaintiff argues that the motion justice erred by granting defendants’ summary-judgment motion. The plaintiff supports his argument by contending that a careful reading of the IOD statute reveals that it covers only firefighters “employed” by the Fire District and not unpaid volunteer firefighters. In response, defendants counter that plaintiffs reliance on the term “employed” in the IOD statute is misplaced, and that the IOD statute is broad enough to include volunteer firefighters, as well as paid firefighters.

A

Standard of Review

“This Court reviews a grant of summary judgment de novo, applying the same standards as the motion justice.” Smiler v. Napolitano, 911 A.2d 1035, 1038 (R.I.2006) (citing Andreoni v. Ainsworth, 898 A.2d 1240, 1241 (R.I.2006)). Summary judgment is proper if no genuine issues of material fact are evident from “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any * * Super. R. Civ. P. 56(c). We “will affirm the judgment only if, after reviewing the evidence in the light most favorable to the nonmov-ing party, we conclude that * * * the moving party is entitled to judgment as a matter of law.” Tanner v. Town Council of East Greenwich, 880 A.2d 784, 791 (R.I.2005) (citing Roe v. Gelineau, 794 A.2d 476, 481 (R.I.2002)).

B

Interpretation of G.L.1956 § 45-19-1

To properly review the motion justice’s order granting the summary-judgment motion, this Court must determine first whether the language of Rhode Island’s IOD statute extends an exclusive remedy to volunteer firefighters. See Kaya v. Partington, 681 A.2d 256, 259 (R.I.1996) (“[The IOD statute] is a mandatory compensation act and must be complied with as the exclusive remedy provided to police officers who become ill or injured in the line of duty.”); Labbadia v. State of Rhode Island, 513 A.2d 18, 21-22 (R.I.1986) (applying the IOD statute as the exclusive remedy for “crash rescue” personnel). If the IOD statute applies to volunteer firefighters, then plaintiff is precluded from bringing a negligence action against defendants for injuries he suffered while on duty and the motion for summary judgment against plaintiff was properly granted. See Labbadia, 513 A.2d at 21-22. If, on the other hand, the IOD statute does not cover volunteer firefighters, then the motion for summary judgment was improper and the negligence suit should proceed on the merits.

*946 It is well established that when this Court interprets a statute, “our ultimate goal is to give effect to the General Assembly’s intent. * * * The best evidence of such intent can be found in the plain language used in the statute.” Martone v. Johnston School Committee, 824 A.2d 426, 431 (R.I.2003). “ ‘When the language of a statute is clear and unambiguous, we must enforce the statute as written by giving the words of the statute their plain and ordinary meaning.’” State v. Menard, 888 A.2d 57, 60 (R.I.2005) (quoting Gem Plumbing & Heating Co. v. Rossi 867 A.2d 796, 811 (R.I.2005)). Accordingly, when a statute is unambiguous on its face we do not search behind the language to determine legislative intent. Ruggiero v. City of Providence, 893 A.2d 235, 237 (R.I.2006). If, however, statutory language is susceptible to more than one meaning, then “legislative intent must be gathered from the entire statute and not from an isolated provision.” State v. Cabrio, 477 A.2d 67, 70 (R.I.1984).

The relevant portion of the IOD statute is as follows:

“(a) Whenever any * * * fire fighter

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935 A.2d 943, 2007 R.I. LEXIS 120, 2007 WL 4259528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/angell-v-union-fire-dist-of-s-kingstown-ri-2007.